re  Food  L 
of  Wyoming 


DOCUMENTS 


• 


pure  jfoob 

of  Wyoming 


1911 


LAWS  OF  WYOMING 

UNIVERSITY 
— OT — 

PROVIDING  FOR 


Pure  Food,  Drugs,  Drink 


AND 


ILLUMINATING  OILS 


Being  Senate  File  No.  81  of  the  Eleventh  State  Legisla- 
ture Repealing  Chapter  198,  and  Senate  File  No. 
32  Amending  Section  234  of  Chapter  25 
of  the  Wyoming  Compiled 
Statutes  1910. 


MAURICE  GROSHON 
State  Dairy,  Food  and  Oil  Commissioner 


4 


The  Sweet  <*mi»  Printing  Co. 


(ELEVENTH     LEGISLATIVE    OF    THE    STATE    OF    WYOMING.) 


THE  STATE  OF  WYOMING, 

OFFICE  OF  THE 

SECRETARY  OF  STATE 

UNITED  STATES  OF  AMERICA,  [ 
State  of  Wyoming.  \  8k 

I,  Frank  L.  IIoux,  Secretary  of  State  of  the  State  of  Wyoming, 
do  hereby  certify  that  the  annexed  has  been  carefully  compared  with 
Senate  File  No.  81  of  the  Eleventh  State  Legislature,  and  is  a  full, 
true  and  correct  copy  of  the  same  and  of  the  whole  thereof. 

In  Testimony  Whereof,  I  have  hereunto  set  my  hand  and  affixed 
the  Great  Seal  of  the  State  of  Wyoming.  Done  at  Cheyenne,  the 
Capital,  this  14th  day  of  March,  A.  D.  1911. 

FRANK  L.  HODX, 

Secretary  of  State. 
By  C.  B.  MACGLASHAN,  Deputy. 


CHAPTER     104. 

Senate   File  No.    81. 
PIKE  FOOD  LAW  CHEATING  OFFICE  OF  STATE  CHEMIST. 

An  Act  providing  for  the  appointment  of  a  State  Chemist  and  an 
assistant  to  the  State  Chemist,  and  prescribing  their  salaries 
and  duties;  for  preventing  the  manufacture,  sale  or  transpor- 
tation of  adulterated,  misbranded,  poisonous,  or  deleterious 
foods,  drugs,  medicines  and  liquors  within  this  state,  provid- 
ing immunity  from  prosecution  by  guaranty;  providing  for 
deputies  to  the  Dairy,  Food  and  Oil  Commissioner;  providing 
for  standards  of  kerosene  and  gasoline,  and  the  labeling  and 
marking  of  same;  repealing  Chapter  198  of  the  Compiled  Stat- 
utes of  Wyoming  of  1910  entitled  "Foods,  Drugs  and  Illumi- 
nating Oils,"  and  all  acts  or  parts  of  acts  in  conflict  with 
the  provisions  of  this  act. 

He  It  Enacted  by  tbe  Legislature  of  tlie  State  of  Wyoming: 

272684 


4  PURE  FOOD  LAWS  OF  WYOMING 

STATE  CHEMIST — SALARY — DUTIES. 

Section  1.  The  office  of  State  Chemist  is  hereby  created 
for  the  State  of  Wyoming,  and  shall  receive  a  salary  of  two 
thousand  dollars  per  year  for  his  services,  to  be  paid  by  the 
State  of  Wyoming  out  of  any  money  not  otherwise  appropriated, 
the  same  to  be  paid  by  the  State  Auditor  in  the  manner  provided 
for  the  payment  of  other  accounts  against  the  state,  and  he  shall 
receive  no  other  salary  or  compensation  from  State  or  University 
funds.  Such  chemist  shall  be  a  professor  of  Chemistry  in  the 
University  of  Wyoming.  It  shall  be  his  duty  to  make  or  cause  to 
be  made  a  chemical  analysis  of  such  foods,  drugs,  drinks,  gasoline, 
illuminating  oils  or  other  material  relative  to  the  enforcement 
of  this  chapter,  as  shall  be  submitted  to  him  or  shall  be  deemed 
advisable  for  such  analysis,  and  make  a  full  and  complete  written 
report  of  the  same,  and,  when  so  requested,  it  shall  be  his  duty 
to  testify  in  court.  He  shall  receive  his  necessary  traveling  ex- 
penses to  be  paid  by  the  State  of  Wyoming  when  employed  in  per- 
forming the  provisions  of  this  chapter. 

A  SSIST  ANT— DUTIES— SALARY. 

Sec.  2  The  board  of  trustees  of  the  University  of  Wyoming 
is  hereby  authorized  to  employ  an  assistant  to  the  State  Chemist, 
who  shall  receive  a  salary  of  one  thousand  dollars  per  year 
for  his  services,  to  be  paid  by  the  State  of  Wyoming  out  of  any 
moneys  not  otherwise  appropriated,  the  same  to  be  paid  by  the 
State  Auditor  in  the  manner  provided  for  the  payment  of  other 
accounts  against  the  State.  The  assistant  chemist  shall  keep  his 
office  at  the  University  of  Wyoming  and  the  Board  of  Trustees 
of  said  University  shall  furnish  the  necessary  room  for  the  car- 
rying out  of  the  provisions  of  this  chapter.  The  assistant  chemist 
shall  perform  such  duties  as  he  may  be  required  to  perform  by 
tbe  State  Chemist. 

EXPENSES. 

Sec.  3.  The  necessary  traveling  expenses  and  expenses  for 
the  purchase  of  apparatus,  chemicals,  etc.,  shall  be  paid  from  any 
appropriation  made  by  the  legislature  as  a  contingent  fund  for  the 
state  chemist;  provided,  that  the  expense  shall  be  limited  to  the 
appropriation  made. 

SHALL  KEEP  SKAL — .MAKE  ANNUAL  REPORTS. 

Sec.  4.  The  state  chemist  shall  keep  a  seal  with  which  to 
attest  official  acts  and  documents.  He  shall  make  an  annual  report 
to  the  Governor  on  or  before  the  first  day  of  October  of  each  year, 
which  shall  contain  Itemized  statements  of  all  receipts  and  dis- 


PURE  FOOD  LAWS  OF  WYOMING  6 

bursements,  and  all  persons  employed  by  him  together  with  such 
statistics  and  other  matter  as  he  may  regard  of  value  to  the  ad- 
ministration or  public  at  large,  and  said  report  may  be  published 
annually  as  public  documents  of  the  State  of  Wyoming,  as  may 
b«  provided  by  law. 

BOND. 

Sec.  5.  Before  entering  upon  the  discharge  of  his  official  du- 
ties, the  state  chemist  shall  give  bond  in  the  sum  of  one  thousand 
dollars  ($1,000.00)  to  the  State  of  Wyoming,  which  shall  be  fur- 
nished by  some  responsible  surety  company,  which  shall  be  ac- 
cepted by  the  governor,  conditioned  that  he  will  truly  account  for 
and  turn  over  to  the  person  or  persons  authorized  by  law  to  re- 
ceive  the  same  all  moneys  or  other  property  which  may  come  iato 
his  hands  in  his  official  capacity,  and  for  the  faithful  performance 
of  the  duties  of  his  office  as  the  same  are  prescribed  by  law;  which 
bond,  with  his  oath  of  office  endorsed  thereon,  shall  be  filed  with 
the  secretary  of  state. 

UNLAWFUL. 

Sec.  6.  That  it  shall  be  unlawful  for  any  person  to  manufac- 
ture, sell,  transport  or  offer  for  sale  or  transportation,  any  ar- 
ticle of  food,  drug,  gasoline  or  illuminating  oil  which  is  adulterated 
or  misbranded  within  the  meaning  of  this  act. 

DRUG  AND  FOOD  DEFINED. 

Sec.  7.  That  the  term  "drug"  as  used  in  this  act  shall  In- 
clude all  medicines  and  preparations  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary  for  internal  or  x- 
ternal  use,  and  any  substance  or  mixture  of  substances  intended 
to  be  used  for  the  cure,  mitigation,  or  prevention  of  disease  ft 
either  man  or  other  animals.  The  term  "food"  as  used  here'ii, 
shall  include  all  articles  used  for  food,  drink,  confectionery  or  con- 
diment, by  man  or  other  animals,  whether  simple,  mixed  or  com- 
pound. 

ADULTERATED  ARTICLES. 

Sec.  8.  That  for  the  purpose  of  this  act  an  article  shall  be 
deemed  to  be  adulterated: 

In  Case  of  Drugs. 

First — If,  when  a  drug  is  sold  under,  or  by  a  name  recognized 
in  the  United  States  Pharmacopoeia,  or  National  Formulary,  it  dif- 
fers from  the  standard  of  strength,  quality,  or  purity,  as  determined 
by  the  tests  laid  down  in  the  United  States  Pharmacopoeia  or  Na- 
tional Formulary  official  at  the  time  of  investigation;  provided, 


6  PUKE  FOOD  LAWS  OF  WYOMING 

that  no  drug  defined  in  the  United  States  Pharmacopoeia  or  Nation- 
al Formulary  shall  be  deemed  to  be  adulterated  under  this  provis- 
ion if  the  standard  of  strength,  quality,  or  purity  be  plainly  stated 
upon  the  bottle,  box,  or  other  container  thereof,  although  the 
standard  may  differ  from  that  determined  by  the  test  laid  down 
in  the  United  States  Pharmacopoeia  or  National  Formulary. 

Second — If  its  strength  or  purity  fall  below  the  professed 
standard  or  quality  under  which  it  is  sold. 

In  the  Case  of  Confectionery: 

If  it  contains  terra  alba,  barytes,  talc,  chrome  yellow,  or  other 
mineral  substances  or  poisonous  color  or  flavor,  or  other  ingredient 
deleterious  or  detrimental  to  health,  or  any  vinois,  malt,  or  spiritous 
liquor,  or  compound,  or  narcotic  drug. 

In  the  Case  of  Food: 

First — If  any  substance  has  been  mixed  and  packed  with  it 
so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength. 

Second — If  any  substance  has  been  substituted,  wholly  or  in 
part,  for  the  article. 

Third — If  any  valuable  constituent  of  the  article  has  been 
wholly,  or  in  part,  abstracted. 

Fourth — If  it  be  mixed,  colored,  powdered,  coated  or  stained 
in  a  manner  whereby  damage  or  inferiority  is  concealed. 

Fifth — If  it  contains  any  added  poisonous  or  other  added  de- 
leterious ingredient,  which  may  render  such  article  injurious  to 
health;  provided,  that  when  in  the  preparation  of  food  products 
for  shipment  they  are  preserved  by  any  external  application  ap- 
plied in  such  manner  that  the  preservative  is  necessarily  removed 
mechanically,  or  by  maceration  in  water,  or  otherwise,  and  direc- 
tions for  the  removal  of  said  preservative  shall  be  printed  on  the 
covering  of  the  package,  the  provisions  of  this  act  shall  be  con- 
strued as  applying  only  when  said  products  are  ready  for  con- 
sumption. 

Sixth — If  it  consists  in  whole  or  in  part  of  filthy,  decomposed 
or  putrid  animal  or  vegetable  substances,  or  any  portion  of  an 
animal  unfit  for  food,  whether  manufactured  or  not,  or  if  it  is  the 
product  of  a  diseased  animal,  or  one  that  has  died  otherwise  than 
by  slaughter. 

"MISBRANDED." 

Sec.  9.  That  the  term  "mis-branded,  as  used  herein,  shall  ap- 
ply to  all  drugs  or  articles  of  food,  or  articles  which  enter  into 
the  composition  of  food,  the  package  or  label  of  which  shall  'oear 
any  statement,  design  or  device,  regarding  such  article,  or  the 
ingredients  or  substances  contained  therein  which  shall  be  false, 


PURE  FOOD  LAWS  OF  WYOMING  1 

or  misleading  in  any  particular,  and  to  any  food  or  drug  product 
which  is  falsely  branded  as  to  the  state,  territory  or  country  in 
which  it  is  manufactured  or  produced. 

That  for  the  purpose  of  this  act  an  article  shall  also  be  dee-n- 
ed  to  be  misbraded: 

In  the  Case  of  Drugs: 

First — If  it  be  an  imitation  of,  or  offered  for  sale  under  the 
name  of  another  article. 

Second — If  the  contents  of  the  package  as  originally  put 
up  shall  have  been  removed,  in  whole  or  in  part,  and  other  con- 
tents shall  have  been  placed  in  such  package,  or  if  the  package  fail 
to  bear  a  statement  on  the  label  of  the  quantity  or  proportion  of 
any  alcohol,  morphine,  opium,  cocaine,  heroin,  alpha  or  beta  eu- 
caine,  chloroform,  cannabis,  indica,  chloral  hydrate,  or  acentanilide, 
or  any  derivative  or  preparation  of  any  such  substances  contained 
therein. 

In  Case  of  Food: 

First — If  it  be  an  imitation  of,  or  offered  for  sale  under  the 
distinctive  name  of  another  article. 

Second — If  it  be  labeled  or  branded  so  as  to  deceive  or  mis- 
lead the  purchaser,  or  purport  to  be  a  foreign  product  when  not 
so,  or  if  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed  in  whole  or  in  part  and  other  contents  shall 
have  been  placed  in  such  package,  or  if  it  fail  to  bear  a  statement 
on  the  label  of  the  quantity  or  proportion  of  any  morphine,  opium, 
cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis,  indica, 
chloral  hydrate,  or  acetanilide,  or  any  derivative  of  preparation 
of  any  such  substances  contained  therein. 

Third — If  in  package  form,  the  net  quantity  of  the  contents 
be  not  plainly  and  conspicuously  marked  on  the  outside  of  the 
package  in  terms  of  weight,  measure  or  numerical  count;  pro- 
vided, however,  that  reasonable  variations  shall  be  permitted  and 
that  tolerances  shall  be  established  by  rules  and  regulations  made 
in  accordance  with  the  provisions  of  this  act. 

Fourth — If  the  package  containing  it  or  its  label  shall  bear 
any  statement,  design,  or  device  regarding  the  ingredients  or  the 
substances  contained  therein,  which  statement,  design  or  device 
shall  be  false  or  misleading  in  any  particular;  provided,  that  any 
article  of  food,  which  does  not  contain  any  added  poisonous  or 
deleterious  ingredients,  shall  not  be  deemed  to  be  adulterated  or 
misbranded  in  the  following  cases: 

First — In  the  case  of  mixtures  or  compounds  which  may  be  now 
or   from   time  to   time  hereafter  known   as  articles   of  food,   under 


PURE  FOOD  LAWS  OF  WYOMING 

their  own  distinctive  names,  and  not  an  imitation  of,  or  offered  for 
sale  under  the  distinctive  name  of  another  article,  if  the  name 
be  accompanied  on  the  same  label  or  brand  with  the  statement  of 
the  place  where  said  article  had  been  manufactured  or  produced. 

Second — In  the  case  of  articles  labeled,  branded  or  tagged  rfo 
as  to  plainly  indicate  that  they  are  compounds,  imitations  or  blends, 
and  the  word  "compound,"  "imitation,"  or  "blend,"  as  the  case 
may  be,  is  plainly  stated  on  the  package  in  which  it  is  offered  for 
sale;  provided  that  the  term  "blend,"  as  used  herein,  shall  be  cou- 
strued  to  mean  a  mixture  of  like  substances,  not  excluding  harmless 
coloring  or  flavoring  ingredients,  used  for  the'  purpose  of  coloring 
and  flavoring  only;  and  provided,  further,  that  nothing  in  this 
act  shall  be  construed  as  requiring  or  compelling  proprietors  or 
manufacturers  of  proprietary  foods,  which  contain  no  unwhols- 
some  added  ingredients,  to  disclose  their  trade  formulas,  except 
insofar  as  the  provisions  of  this  act  may  require,  to  secure  freedom 
from  adulteration  or  misbranding. 

Illuminating  Oils. 

Sec.  1*>.  All  illuminating  oils  sold  or  offered  for  sale  in  this 
state  shall  conform  to  the  following  conditions: 

First — The  color  shall  be  water  white,  but  a  slight  bluish 
opalescence  is  permissible. 

Second — It  shall  not  contain  more  than  a  trace  of  any  sulphur 
compound. 

Third — It  shall  not  contain  water  nor  tar-like  matter. 

Fourth — It  shall  not  contain  more  than  four  per  cent  by 
weight  of  residue,  after  being  distilled  at  a  temperature  of  not 
more  than  five  hundred  seventy  degrees  Fahrenheit 

Fifth — -It  shall  not  give  a  flash  test  below  one  hundred  five 
degrees  Fahrenheit,  open  test,  and  the  tester  us  d  for  this  purpose 
shall  be  the  New  York  State  Board  of  Health  tester. 

Sixth — The  gravity  shall  not  be  less  than  forty-six  degrees, 
measured  by  the  Beaume  Hydrometer  at  a  temperature  of  sixty  de- 
grees Fahrenheit. 

Seven — -Any  oils  that  present  a  yellowish  or  dark  coloring, 
d'rty  appearance  to  the  eye,  may  be  rejected  and  disapproved  for 
illuminating  purposes  by  the  Dairy,  Food  and  Oil  Commiss'oner, 
or  his  deputies,  without  further  tests,  and  the  further  sale  thereof 
ordered  discontinued;  and  such  discoloration  shall  be  prima  fade 
evidence  that  they  are  not  such  a  product  as  is  properly  subject  i<> 
sale  for  illuminating  purposes  within  this  state.  The  State 
Dairy,  Food  and  Oil  Commissioner  or  his  deputies,  are  not  required 
in  every  case  to  have  a  complete  analysis  made  of  the  oils  inspected 


PURE  FOOD  LAWS  OK  WYOMING  9 

to  ascertain  every  form  of  impurities,  such  as  sulphur,  and  tar-like 
matter,  but,  whenever,  in  the  opinion  of  the  State  Dairy,  Food  and 
Oil  Ccmmissicner,  or  his  deputies,  it  is  necessary  that  any  of  the  oil 
provided  for  in  this  section  shall  be  more  thoroughly  analyzed,  ii 
shall  be  his  duty  to  procure  a  sample  of  such  oil  and  forward  It 
to  the  State  Chemist,  for  a  more  detailed  analysis  to  determine  in 
what  particular  the  impurities  or  the  imperfections  exist,  and,  if 
upon  such  analysis,  it  is  demonstrated  that  some  other  impurity  or 
imperfections  exist  in  said  oil,  not  specified  in  this  act  that  ren- 
der such  oil  unfit  for  illuminating  purposes,  it  shall  be  his  duty 
to  reject  such  oil  for  such  purposes,  Provided,  however,  that  in 
the  case  of  illuminating  oil,  made  from  petroleum  produced  from 
wells  in  what  is  commonly  known  as  the  Kansas  Oil  Field  (includ- 
ing the  State  of  Kansas  and  the  adjacent  oil  fields  of  Oklahoma  and 
Indian  Territory),  and  petroleum  produced  from  wells  in  what  is 
known  as  the  Colorado  Oil  Fields,  and  petroleum  produced  from 
wells  in  what  is  known  as  the  Wyoming  Oil  Fields,  when  properly 
labeled  as  herein  provided,  such  illuminat'ng  oils  may  be  sold  and 
offered  for  sale  in  this  state  for  illuminating  purposes,  where  the 
gravity  shall  not  be  less  than  forty-one  degrees,  as  measured  by 
the  Beaume  Hydrometer,  at  a  temperature  of  sixty  degrees  Fahren- 
heit, and  the  residue  contained  therein  shall  not  be  more  than 
seven  per  cent  by  weight  after  being  distilled  at  a  temperature  oi 
not  more  than  five  hundred  seventy  degrees  Fahrenheit,  Provided, 
further,  that  every  tank,  barrel,  cask  or  receptacle  in  which  il- 
luminating oils  produced  from  Kansas,  Colorado  or  Wyoming 
oil  fields,  shipped  within  the  State  of  Wyoming,  shall  be  truly, 
plainly,  and  conspicuously  labeled  in  large  letters  "Kansas  Oil," 
"Colorado  Oil"  or  "Wyoming  Oil,"  or  words  of  similar  import,  as 
the  case  may  be.  All  other  requirements  shall  be  the  same  for 
Kansas,  Colorado  or  Wyoming  oils,  as  for  other  oils.  For  the 
purpose  of  this  chapter,  gasoline  shall  be  deemed  to  be  subject  to 
the  same  provision  and  control  as  provided  in  this  chapter  for 
illuminating  oils,  except  that  it  shall  be  unlawful  for  any  manufac- 
turer, dealer  or  vender  to  sell  or  offer  for  sale  any  petroleum  pro- 
duct, known  as  gasoline,  for  lighting,  heating  or  power  purposes, 
unless  every  barrel,  cask  or  can,  containing  such  product  be 
branded  with  the  figures  denoting  the  gravity  in  Beaume  degrees 
and  the  word  "gasoline"  in  large  red  letters  at  least  one  and  a 
half  inches  in  size.  No  dealer  shall  deliver  gasoline  in  a  barrel, 
cask,  package,  or  can  stenciled  or  stamped  other  than  above.  Every 
person  purchasing  gasoline  for  use  shall  procure  and  keep  the 
same  only  in  barrels,  casks,  packages,  or  cans  stenciled  as  above, 


10  PURE  FOOD  LAWS  OF  WYOMINO 

and  no  person  keeping  for  use  or  using  kerosene  shall  put  the 
same  in  any  barrel,  cask,  package  or  can  stenciled  or  stampsd  as 
above.  If  any  manufacturer,  vender  or  dealer  shall  adulterate  any 
gasoline  with  water,  or  other  injurious  substance,  he  shall  be  sub- 
ject to  a  penalty  as  hereinafter  provided  for,  and  shall  further  be 
liable  to  the  party  injured  for  any  resultant  damages  in  civil  ac- 
tion. 

SAMPLES — HOW   PROTECTED. 

Sec.  11.  Under  the  aforesaid  rules  and  regulations,  representa- 
tive samples  shall  be  collected  by  the  Dairy,  Food  and  Oil  Com- 
missioner, or  his  deputies.  Samples  may  be  purchased  i-i  the 
open  market,  and,  if,  in  bulk,  the  marks,  brands  or  tags  upon  the 
package,  carton,  wrapper,  or  other  container,  and  the  accompany- 
ing written  or  printed  matter  shall  be  noted.  The  collector  sha'l 
also  note  the  name  of  the  vender  and  agent  through  whom  -"nt*. 
sale  was  actually  made  together  with  the  date  of  purchase.  'Sam- 
ples shall  be  divided  into  three  parts;  each  part  shall  be  labeKvi 
with  identifying  marks.  One  of  the  parts  shall  be  delivered  to 
the  person  from  whom  the  purchase  was  made,  or  if  a  guaranty  has 
been  given  as  hereinafter  provided,  such  parts  be  delivered  to  ths 
guarantor.  One  of  the  parts  shall  be  sent  to  the  State  Chemist, 
and  one  pa>-t  shall  be  held  under  seal  by  the  Dairy,  Food  ;md  Oil 
Commissioner.  The  parts  of  the  sample  so  divided  shall  be  seal- 
ed by  the  collector,  with  seals  provided  for  that  purpose. 

STATE   CHEMIST   SHALL   MAKE   ANALYSIS. 

Sec.  12.  It  shall  be  the  duty  of  the  State  Cuemist  to  make, 
or  cause  to  have  made,  under  his  direction,  analys-a  and  examina- 
tions of  such  articles  as  shall  be  furnished  to  him  by  tne  Diiry, 
Food  and  Oil  Commissioner,  or  his  deputies,  for  the  purpose  of 
determining  upon  such  examinations  whether  such  articles  are 
adulterated  or  misbranded  within  the  meaning  of  this  act,  and  to 
Certify  the  results  of  such  analysis  and  examinations  to  the  Dairy, 
Food  and  Oil  Commissioner. 

\VHK\    ANALYSIS    SHOWS   VIOLATION. 

Ser.  i:*.  When  the  examinations  or  analysis  shows  that  the 
provisions  of  this  act  have  been  violated  the  Dairy,  Food  and  Oil 
Commissioner  shall  cause  notice  of  such  fact,  together  with  copy 
of  the  findings,  to  be  given  to  the  party  or  parties  from  whom 
the  samples  were  obtained,  and  to  the  party,  if  any,  whose  name 
appears  upon  the  label  as  (manufacturer,  packer,  wholesaler,  retailer 
or  other  dealer.  The  parties  so  notified,  shall  be  given  an  opportu- 
nity to  be  heard  under  such  rules  and  regulations  as  may  be  pro- 


PUBB  FOOD  LAWS  OF  WYOMING  11 

scribed  as  aforesaid.  Notices  shall  specify  the  date,  hour  and 
place  of  the  hearing.  The  hearing  shall  be  private,  and  the 
parties  interested  therein  may  appear  in  person  or  by  attorney. 
If  the  party,  whose  name  appears  on  the  label,  resides  without  the 
State,  he  shall  be  entitled  to  a  reasonable  notice  by  mail  as  may, 
with  due  diligence,  be  obtained. 

I*AIRY,   FOOD  AND  OIL   COMMISSIONER  SHALL  CERTIFY  TO 
PROSECUTING  ATTORNEY. 

Sec.  14.  If,  after  such  hearing,  the  Dairy,  Food  and  Oil  Com- 
missioner is  convinced  that  the  provisions  of  this  act  have  been 
violated,  he  shall  certify  at  once  to  the  County  Prosecuting  Attor- 
ney of  the  county  in  which  the  collection  was  made,  a  copy  of  the 
results  of  the  examination  of  such  article,  duly  authenticated  by  the 
state  chemist  making  such  examination  under  oath  of  such  of- 
ficer. 

PROSECUTING  ATTORNEY  SHALL  PROSECUTE. 

Sec.  15.  It  shall  be  the  duty  of  every  prosecuting  officer  to 
whom  the  Dairy,  Food  and  Oil  Commissioner  shall  report  any  vio- 
lation of  this  act,  as  herein  provided,  to  cause  appropriate  proceed- 
ings to  be  commenced  and  prosecuted  in  the  proper  courts  witU- 
out  delay,  for  the  inforcement  of  the  penalty  as  in  such  case  herein 
provided. 

PUBLICATION  OF  JUDGMENT. 

Sec.  16.  After  judgment  of  the  court,  notice  shall  be  given 
by  publication,  in  such  manner  as  may  be  prescribed  by  the 
rules  and  regulations  aforesaid.  If  an  appeal  be  taken  from  the 
judgment  of  the  court,  notice  of  that  fact  must  accompany  the 
publication.. 

MISDEMEANOR. 

Sec.  17.  Anyperson  violating  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  for  each  offense  shall, 
upon  conviction  thereof,  be  fined  not  less  than  twenty-five  dollars 
($25.00),  nor  more  than  one  hundred  dollars  ($100);  and  for  each 
subsequent  offense  and  conviction  thereof,  -shall  be  fined  not 
less  than  fifty  dollars  ($50.00)  nor  more  than  two  hundred  dol- 
lars ($200.00),  or  shall  be  sentenced  to  imprisonment  for  not  more 
than  sixty  days,  or  both,  at  the  discretion  of  the  court. 

DEALERS'  PROTECTION. 

Sec.  18.  That  under  the  provisions  of  this  act,  no  dealer  shall 
be  prosecuted  for  selling  or  offering  for  sale  any  article  of  food, 
drug,  gasoline,  or  illuminating  oil  in  the  original,  unbroken  pacK- 


12  PURE  FOOD  LAWS  OF  WYOMING 

age  in  which  it  was  received  by  said  dealer,  provided,  he  can 
establish  a  guaranty  signed  by  the  wholesaler,  jobber,  manufacturer, 
of  other  person,  residing  in  the  United  States,  from  whom  he  pur- 
chased such  article,  to  the  effect  that  same  is  not  adulterated  or 
misbranded  within  the  meaning  of  this  act,  designating  it.  SaiJ 
guaranty  to  afford  protection  shall  contain  the  name  and  address 
of  the  person  making  the  sale  of  such  article  to  such  dealer,  and  iu 
such  case  said  person  shall  be  amenable  to  the  prosecutions,  fines, 
and  other  penalties  which  would  attach  in  due  course  to  the 
dealer  under  the  provisions  of  this  act.  When  the  examination  or 
analysis  herein  provided  shows  that  the  provisions  of  this  act  have 
been  violated,  and  the  dealer  is  relieved  from  prosecution  und«-r 
this  section  by  the  production  of  a  guaranty  signed  by  the  person 
residing  outside  of  this  state,  then  the  Dairy,  Food  and  Oil  Com- 
missioner, in  the  case  of  the  foods  and  drugs,  shall  report  such 
fact  to  the  "Secretary  of  Agriculture  of  the  United  States,  or  the 
proper  officer  appointed  for  the  enforcement  of  Act  of  Congress  ap- 
proved June  30,  1906,  known  as  the  "Food  and  Drug  Act." 

WORD  "PERSON"  CONSTRUED. 

Sec.  19.  The  word  "person"  as  used  in  this  act  shall  be  con- 
strued to  import  both  the  plural  and  singular,  as  the  case  demands, 
and  shall  include  corporations,  companies,  societies  and  associa- 
tions. When  construing  and  enforcing  the  provisions  of  this  ace, 
the  act,  omission  of  failure  of  any  officer,  agent  or  other  person 
acting  for,  or  employed  by  any  company,  corporation,  society  or  as- 
sociation within  the  scope  of  his  employment,  or  office,  shall  hi 
every  case  be  also  deemed  to  be  the  act,  omission,  or  failure  of  such 
corporation,  company,  society  or  association,  as  well  as  that  of  the 
person. 

HEPEAL. 

Sec.  20.  Chapter  198  of  the  Wyoming  Compiled  Statutes,  1910, 
and  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

S«T.  21.     This  act  shall  be  in  force  and  effect  from  and  aftsr 
the  first  day  of  July,  1911. 
Approved  March  2nd,  1911. 


Original  Senate  File  No.  :{'2. 

Enrolled  Act  No.  9,  Senate,  State  of  Wyoming. 
AN  ACT  to  amend  and  re-enact  Section  234,  of  Chapter  25,  Wyom- 


PURE  FOOD  LAWS  OF  WYOMING  13 

ing  Compiled  Statutes,  1910,  entitled,  "Dairy,  Food  and  Oil 
Commissioner,"  relating  to  the  appointment  and  salary  of  the 
Dairy,  Food  and  Oil  Commissioner. 

Be  it  Enacted  by  the  Legislature  of  the  'State  of  Wyoming. 

Section  1.  That  Section  234  of  the  Wyoming  Compiled  Stat- 
utes of  1910,  be  and  the  same  are  hereby  amended  and  re-enacted 
so  as  to  read  as  follows: 

"Section  234.  The  office  of  Dairy,  Food  and  Oil  Commis- 
sioner for  the  State  of  Wyoming  is  hereby  created.  Such  Com- 
missioner shall  be  appointed  by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  senate,  and  his  term  of  office  shall 
be  four  years,  and  until  his  successor  is  appointed  and  qualified. 
Vacancies  occurring  in  the  office  for  any  cause  shall  be  filled 
by  appointment  for  the  'balance  of  the  unexpired  term.  The 
salary  of  the  Commissioner  shall  be  $2,000.00  per  annum,  togetner 
with  his  actual  and  necessary  expenses  incurred  in  the  discharge 
of  his  official  duty,  which  shall  be  paid  in  the  same  manner  as 
other  state  officers." 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  the  first  day  of  April,  19  ll. 

Approved  February  16,   1911,   11:10  A.  M. 


DUTIEvS. 

Sec.  235.  It  shall  be  the  duty  of  the  said  Commissioner  to 
enforce  all  laws  against  'frauds  and  adulteration  or  i/mpurities  in 
foods,  drinks,  drugs,  or  illuminating  oils,  and  unlawful  labeling  of 
same;  and  in  the  performance  of  such  duties  said  Commissioner 
and  his  assistants  shall  have  power  to  enter  into  any  creame-.y, 
factory,  store,  salesroom,  drug  store,  laboratory  or  place  of  busi- 
ness, or  other  place  where  they  have  reason  to  believe  food  or 
drink  is  made,  prepared,  sold  or  offered  for  sale,  and  to  exam  ne 
the  books,  and  to  examine  any  cask  or  package  containing,  or  sup- 
posed to  contain  any  article  of  food,  drink  or  oil,  and  examine  or 
cause  to  be  examined  and  analyzed  the  contents  thereof  by 
the  State  Chemist,  or  some  other  competent  person  under  his  di- 
rection, and  he  shall  at  the  same  time,  and  in  the  presence  of  the 
person  from  whom  such  property  is  taken,  securely  seal  up  two 
samples  of  the  article  seized  or  taken,  one  of  which  shall  he  for 
examination  or  analysis,  under  the  direction  of  the  Commissioner, 
and  the  other  of  which  shall  be  delivered  to  the  person  from  whom 
the  articles  are  taken. 


14  PURE  FOOD  LAWS  OF  WYOMING 

DUTY  OF  COUNTY  ATTORNEY. 

Sec.  236.  It  shall  be  the  duty  of  the  County  Attorney  in  any 
county  in  the  State,  when  called  upon  by  the  Commissioner,  to 
render  any  legal  assistance  in  his  power  to  execute  the  laws 
and  to  prosecute  cases  arising  under  the  provisions  of  this  act; 
and  all  fines  and  assessments  collected  in  any  prosecution  begun  or 
caused  to  be  begun  under  the  provisions  of  this  act  shall  be  paid 
into  the  State  Treasury. 

OFFICE  OF  COMMISSIONER. 

Sec.  237.  The  necessary  room  or  rooms  shall  be  provided  for 
said  Dairy,  Food  and  Oil  Commissioner  in  the  State  capitol  build- 
ing, which  said  rooms  shall  be  set  apart  for  his  use. 

SEAL. 

Sec.  238.  The  State  Dairy,  Food  and  Oil  Commissioner  shall 
keep  a  seal  with  which  to  attest  official  acts  and  documents. 

ANNUAL  REPORT. 

Sec.  239.  The  State  Dairy,  Food  and  Oil  Commissioner  shill 
make  an  annual  report  to  the  Governor  on  or  before  the  1st  day 
of  October  of  each  year,  which  shall  contain  itemized  statements 
of  all  receipts  and  disbursements,  and  all  persons  employed  oy 
him,  together  with  such  statistics  and  other  matters  as  he  may 
regard  oif  value  to  the  administration  or  to  the  public  at  large,  and 
said  report  may  be  published  annually  as  public  documents  of 
the  State  of  Wyoming,  as  provided  by  law. 


Sec.  240.  Before  entering  upon  the  discharge  of  his  official 
duties,  the  State  Dairy,  Food  and  Oil  Commissioner  shall  give  bond 
in  the  sum  of  two  thousand  dollars  to  the  State  of  Wyoming,  which 
shall  be  approved  by  the  Governor,  conditioned  that  he  will  truly  ac- 
count for  and  apply  all  moneys  or  other  property  which  may  come 
into  his  hands  in  his  official  capacity,  and  'for  the  faithful  per- 
formance of  the  duties  of  his  office  as  the  same  are  prescribed 
by  law;  which  bond;  with  his  oath  of  office  endorsed  thereon,  shall 
be  filed  with  the  Secretary  of  State. 

I'OWKK  OF  COMMISSIONER. 

Sec.  241.  The  Dairy,  Food  and  Oil  Commissioner  is  hereby 
given  power  to  confiscate  such  goods  as  may  be  condemned  by 
order  of  the  court,  upon  proper  inspection  and  analysis  by  the 
State  Chemist. 

ivn;uFi:m:\<  K  WITH  COMMISSIONER. 

Sec.  242.     Any  person  or  persons  interfering  with   the  Dairy, 


PURE  FOOD  LAWS  OF  WYOMING  i"> 

Food,  and  Oil  Commissioner  in  the  discharge  of  his  duties  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than  three  hun- 
dred dollars,  nor  imprisoned  for  more  than  ninety  days  in  jail,  or 
both  fine  and  imprisonment  at  the  discretion  of  the  court. 

\(   IS  INCONSISTENT. 

S<v.  8.  All  acts  or  parts  of  acts  in  conflict  with  this  act,  or 
any  part  of  it,  shall  be  and  are  hereby  repealed. 

Sec.  9.  This  act  shall  take  effect  and  be  in  force  from  ami 
after  its  passage. 

Approved  February  18th,  A.  D.  1905. 


INDEX 


Adulterated  Articles 5 

Appointment  of  Dairy  Food  and  Oil  Com'r 12 

Analysis — State  Chemist  Shall  Make. . . ; 10 

When   Shows  Violation 10 

Assistant  State  Chemist — Duties,  Salary,  Office,  etc 4 

Chemist — State 4 

Law  Creating  Office  of  State  Chemist 4 

Salary  and  Duties 4 

Expenses 4 

Bond 4 

Seal,  Annual  Reports 4 

Shall  Make  Analysis 10 

Confectionery — Adulterated 6 

Drugs 5 

Food 5 

Food  and  Drug  Denned 5 

Dealers  Protection 1 1 

Dairy  Food  and  Oil  Commissioner- 
Terms,  Office,  Vacancy,   Salary,   Duties,  Priviliges. .  . .  13 

Office 14 

Seal 14 

Annual  Report 14 

Bond 14 

Power.... 14 

Interference  With 15 

Acts  Inconsistent 15 

Fines 15 

Illuminating  Oils 8 

Misbranded  Articles,  etc 7 

Misdemeanor. 1 1 

Person — Word  Denned ; 12 

Repeal 12 

Unlawful — Manufacture  of  Foods,  etc. 5 

Violation  of  Laws 10 

Commissioner  Shall  Certify 1 1 

Prosecuting  Attorney  Shall  Prosecute. i  i 

Judgment  Shall  be  Published i  i 


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